Advisory question about
guesthouses on Nov. 2 ballot
posted 10/29/04
San Juan County voters can weigh in on the guesthouse issue by voting yes or no on the Guesthouse Advisory ballot question Nov. 2. The wording of the ballot was the discussed over several weeks by the three county commissioners. The commissioners have sought to allow property owners to build two separate dwelling units on land classified as single-family residential. The second house, a detached accessory dwelling unit, must comply with restrictions on its size, location and distance from the main house.
The Western Washington Growth Management Hearings Board and a Thurston County Superior Court judge have ruled that the detached ADUs must be considered in density calculations. The commissioners have appealed the latest ruling against the county to the Court of Appeals.
The advisory ballot is being run to gather the opinions of islanders regarding the issue. The commissioners worked for several weeks on the wording of the ballot. Several versions were proposed. The final draft is: "Do you support local land use provisions for San Juan County that retain the right to allow one guest house (detached, accessory dwelling) on any parcel with a single-family residence, subject to restrictions on size, location, ownership, occupancy, and proximity to the main house?" One of the earlier drafts of the ballot question used the word each instead of any.
SAN JUAN ISLANDER EDITORIAL
Some things to consider in guesthouse debate
By Sharon Kivisto
posted 07/14/04
Next week, six state legislators will be coming to Friday Harbor to hear the pros and cons of allowing detached accessory dwelling units (ADUs) on every parcel of rural land in the county. In November, voters will have a chance to express their opinion on the subject. Before either event takes place here are some things to consider.
At issue is whether detached ADUs count as a second dwelling unit. The courts have ruled free-standing ADUs in rural lands need to be included in density calculations. The county has argued ADUs do not increase density and is appealing the latest court ruling.
The county has a vast amount of information about guesthouses on its WEB SITE. Included are data about the number of ADUs, summary of the Growth Management Hearings Board rulings and comment letters.
After listening to numerous discussions on both sides of the issue, there are several factors I believe are especially important to consider.
1. According to the county's Accessory Dwelling Units Analysis
Final Report, there are 6,595 developed residential parcels in San Juan County. Of those 16.7 percent or 1,095 have ADUs. Forty-eight of which are rented out as short-term rentals, 198 as long-term rentals.
2. San Juan County has restrictions on detached ADUs. They include:
- Ownership of the principal residence and the ADU is not separable;
- A maximum of 1,000 square feet of livable area;
- Each ADU should be served by the same driveway, water supply, and sewage disposal
system as the principal residence, unless otherwise approved
- One additional off-street parking space provided for the ADU;
- Construction-type permits are required;
- Additional standards apply to residential ADU construction in the shoreline jurisdiction.
3. ADUs are not allowed in the Town of Friday Harbor. The town allows only one hookup per parcel. There are some parcels in the county which are hooked up to the town's water system. State Department of Health Regional Engineer Stephen Deem stated in a letter dated June 29, 2004: "a primary residence and a guest house on a single parcel are equal to two ERUs (equivalent residential units) or two connections to the water system for system capacity purposes." Citing the state's rules, the town does not allow hookups to ADUs.
4. It's been stated repeatedly that San Juan County is the only county where detached ADUs are not allowed outright. The county's Accessory Dwelling Units Analysis
Final Report in Table 2–1 summarizes the regulations in 16 of the 39 counties in the state. One county does not allow detached ADUs, one doesn't allow them in rural or resource lands, one doesn't allow them in resource land, and one allows detached ADUS for family members only. (The table appears at the bottom of this page.)
5. Arguments have been made that detached ADU do not double the density because occupancy is limited to one family. The county defines family as: individuals related by genetics, adoption, or marriage or a group of not more than eight unrelated individuals who share a single dwelling unit.
6. San Juan County is the only county which considers transient rentals as a residential activity not a commercial activity. Some people believe this is detrimental to neighborhoods. Others believe it allows people to live here who otherwise couldn't afford to without the extra income. Detached ADUs can be rented out as vacation rentals if the main house is occupied by the owner or a long-term lessee. Conversely, the main house could be rented out as a vacation rental, if the ADU was occupied by the owner or long-term lessee.
7. The issue of detached ADUs has been presented as a choice between a really large house or a smaller house with a guesthouse. While the size of the ADU is limited to 1,000 square feet, nothing in the county's regulations limits the size of the main house.
8. It has also been argued that there is no difference between an attached ADU and a detached. Common sense tells us there is a big difference between having renters living under your roof or renting out a separate dwelling on your property.
9. Some examples of guesthouses which are being pointed out by opponents were not constructed under the restrictions listed in #2 above.
Whichever side you are on, let's keep the conversation civil and let's stick to the facts.
Summary of Treatment of ADUs
by 16 other Washington Counties |
| No. of Counties |
Code Provision/Approach |
| 1 |
Not allowed in County |
|
1 |
Not allowed in Rural or Resource lands |
|
1 |
Not allowed in Resource lands |
|
1 |
Allowed only for family members (with affidavit) |
|
1 |
Separate requirements on shoreline areas |
|
10 |
Allowed wherever residential is allowed |
|
10 |
Size limit (max. square footage) |
|
2 |
Minimum lot size for zone |
|
2 |
Shared access and utilities required |
|
8 |
Owner occupancy of either house or ADU required |
|
2 |
ADUs not addressed in Code |
|
